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General terms and conditions of business

General terms and conditions and customer information

I. General Terms and Conditions

§ 1 Basic provisions

(1) The following terms and conditions apply to contracts that you conclude with us as a provider ( MIK Motoren GmbH ) via the website www.mikmotoren.de. Unless otherwise agreed, the inclusion of any terms and conditions you may have used is objected to.

(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that cannot predominantly be attributed to either their commercial or their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

§ 2 Conclusion of the contract

(1) The subject of the contract is the sale of goods and/or the provision of repair services and/or the provision of assembly services .

(2) When you place the respective product on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions stated in the item description.

(3) The contract is concluded via the online shopping cart system as follows:
The goods and/or repair services intended for purchase are placed in the “shopping cart”. You can use the corresponding button in the navigation bar to access the “shopping cart” and make changes there at any time.
After accessing the "Checkout" page and entering your personal data as well as the payment and shipping conditions, the order details will be displayed to you as an order overview.

If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, instant transfer) as your payment method, you will either be taken to the order overview page in our online shop or redirected to the website of the provider of the instant payment system.
If you are forwarded to the respective instant payment system, make the appropriate selection or enter your data there. Finally, the order data will be displayed as an order overview on the website of the provider of the instant payment system or after you have been redirected back to our online shop.

Before sending the order, you have the opportunity to check the information in the order overview again, change it (also using the "back" function of the Internet browser) or cancel the order.
By submitting the order using the corresponding button ("order with obligation to pay" or similar term), you declare your legally binding acceptance of the offer, whereby the contract is concluded.

(4) Your requests to create an offer are non-binding for you. We will make you a binding offer in text form (e.g. by email), which you can accept within 5 days (unless another deadline is stated in the respective offer).

(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by email. You must therefore ensure that the email address you provide to us is correct, that receipt of emails is technically ensured and, in particular, that it is not prevented by SPAM filters.

§ 3 Individually designed goods

(1) You provide us with the appropriate information, texts or files required for the individual design of the goods via the online ordering system or by email at the latest immediately after conclusion of the contract. Our possible specifications regarding file formats must be observed.

(2) You undertake not to transmit any data whose content violates the rights of third parties (in particular copyrights, name rights, trademark rights) or violates existing laws. You expressly release us from all third-party claims asserted in this context. This also applies to the costs of the legal representation required in this context.

(3) We do not check the transmitted data for accuracy and therefore accept no liability for errors.

§ 4 Provision of assembly services
(1) If assembly services are the subject of the contract, we owe the assembly work resulting from the service description. We provide this to the best of our knowledge and belief personally or through third parties.
(2) The service is provided on the agreed dates.
(3) You are obliged to cooperate. In particular, at the time the assembly services are provided, you must offer the opportunity to inspect the premises in an accessible and reasonably hazard-free condition. Furthermore, you are obliged to provide us with electrical energy and, if necessary, water if necessary. We are entitled to terminate the part of the contract relating to the provision of assembly services in accordance with Section 643 of the German Civil Code (BGB) if you do not fulfill your obligations to cooperate. To do this, we will give you a reasonable period of time during which you can complete the necessary cooperation.
(4) If you make use of your right of termination in accordance with Section 648 Sentence 1 of the German Civil Code (BGB), we can demand a flat-rate compensation of 10% of the agreed compensation if execution has not yet begun. However, if the statutory right of cancellation exists, this only applies if you only exercise your right of cancellation after the cancellation period has expired. You have the right to prove that we actually incurred no costs or significantly lower costs.
§ 5 Provision of services for repairs

(1) If repair services are the subject of the contract, we owe the repair work resulting from the service description. We provide this to the best of our knowledge and belief personally or through third parties.

(2) You are obliged to cooperate, in particular you must describe the defect in the device as comprehensively as possible and make the defective device available.

(3) You bear the costs of sending the defective device to us.

(4) Unless otherwise stated in the respective offer, the repair, including dispatch of the device for dispatch, will take place within 5 - 7 days of receipt of the device to be repaired (if advance payment has been agreed, however, only after the time of your payment instruction).

(5) If you exercise your right of termination in accordance with Section 648 Sentence 1 of the German Civil Code (BGB), we can demand a flat rate of 10% of the agreed remuneration if execution has not yet begun. However, if the statutory right of cancellation exists, this only applies if you only exercise your right of cancellation after the cancellation period has expired. You have the right to prove that we actually incurred no costs or significantly lower costs.

§ 6 Special agreements on payment methods offered

(1) SEPA direct debit (basic and/or company direct debit)
When paying by SEPA core direct debit or SEPA business direct debit, you authorize us to collect the invoice amount from the specified account by issuing a corresponding SEPA mandate.

The deadline for submitting the pre-notification is shortened to 5 days before the due date. You are obliged to ensure that the account has sufficient funds on the due date. In the event of a return debit due to your fault, you will have to pay the applicable bank fee.

§ 7 Right of retention , retention of title

(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

(3) If you are an entrepreneur, the following also applies:

a) We reserve ownership of the goods until all claims from the ongoing business relationship have been settled in full. Pledging or transfer of security is not permitted before ownership of the reserved goods is transferred.

b) You can resell the goods in the ordinary course of business. In this case, you assign to us all claims in the amount of the invoice amount that arise from the resale and we accept the assignment. You are still authorized to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.

c) If the reserved goods are combined or mixed, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.

d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.

§ 8 Warranty

(1) The statutory liability rights for defects apply.

(2) For used items, claims for defects are excluded if the defect only becomes apparent after one year from delivery of the item. If the defect becomes apparent within one year of delivery of the item, claims for defects can be asserted within the statutory limitation period of two years from delivery of the item. The above limitation does not apply:

- for culpably caused damages attributable to us resulting from injury to life, body or health and other damages caused intentionally or through gross negligence;
- if we have fraudulently concealed the defect or have given a guarantee for the quality of the item.


(3) As a consumer, you are asked to check the item immediately upon delivery for completeness, obvious defects and transport damage and to report any complaints to us and the freight forwarder as quickly as possible. If you do not comply with this, this will have no effect on your statutory warranty claims.

(4) If you are an entrepreneur, the following warranty provisions apply:

a) Only our own information and the manufacturer's product description are deemed to be agreed as to the quality of the item, but not other advertising, public praise and statements made by the manufacturer.

b) In the event of defects, we will, at our discretion, provide warranty through repair or subsequent delivery. If the defect cannot be remedied, you can either request a reduction in price or withdraw from the contract. The elimination of defects is deemed to have failed after an unsuccessful second attempt, unless the nature of the item or the defect or other circumstances indicate otherwise. In the event of repair, we do not have to bear the increased costs that arise from moving the goods to a location other than the place of performance if the delivery does not correspond to the intended use of the goods.

c) The warranty period is one year from delivery of the goods. The shortening of the deadline does not apply:

- for culpably caused damages attributable to us resulting from injury to life, body or health and other damages caused intentionally or through gross negligence;
- if we fraudulently concealed the defect or assumed a guarantee for the quality of the item;
- for items that were used for a building in accordance with their normal use and caused its defects;
- in the event of legal recourse claims that you have against us in connection with defect rights.

§ 9 Choice of law, place of performance, place of jurisdiction

(1) German law applies. For consumers, this choice of law only applies to the extent that the protection granted by mandatory provisions of the law of the consumer's country of habitual residence is not withdrawn (principle of favourability).

(2) The place of performance for all services from the business relationships existing with us and the place of jurisdiction is our registered office, provided you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or your place of residence or habitual residence is not known at the time the action is filed. The right to appeal to the court at another legal place of jurisdiction remains unaffected by this.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.





II. Customer information

1. Identity of the seller

MIK Motoren GmbH
Nordel 12
49176 Hilter aTW
Germany
Telephone: 05421614433
Email: info@mikmotoren.de



Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), which can be accessed at https://ec.europa.eu/odr .


We are not prepared to take part in dispute resolution proceedings before consumer arbitration boards.

2. Information on the conclusion of the contract

The technical steps to conclude the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions "Conclusion of the contract" of our General Terms and Conditions (Part I.).

3. Contract language, contract text storage

3.1. The contract language is German .

3.2. We do not save the complete contract text. Before sending the order via the online shopping cart system, the contract data can be printed out or saved electronically using the browser's print function. After we receive the order, the order data, the legally required information for distance selling contracts and the general terms and conditions will be sent to you again by email.

3.3. If you request an offer outside of the online shopping cart system, you will receive all contract data as part of a binding offer in text form, for example by email, which you can print out or save electronically.

4. Essential characteristics of the goods or services

The essential characteristics of the goods and/or services can be found in the respective offer.

5. Prices and payment methods

5.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.

5.2. The shipping costs are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you additionally, unless free shipping has been guaranteed.

5.3. If delivery is made to countries outside the European Union, additional costs may arise for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees from credit institutions), which must be borne by you.

5.4. Any costs incurred for the money transfer (transfer or exchange rate fees from credit institutions) must be borne by you in cases where the delivery is made to an EU member state but the payment was made outside the European Union.

5.5. The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective offer.

5.6. Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.

6. Delivery conditions

6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.

6.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.

If you are an entrepreneur, delivery and dispatch are at your risk.

7. Statutory liability law for defects

Liability for defects is based on the “Warranty” regulation in our General Terms and Conditions (Part I).

8. Termination

8.1. Information on termination of the contract and the termination conditions can be found in the regulations on “assembly services” in our General Terms and Conditions (Part I), as well as in the respective offer.

8.2. Information on the termination of the contract and the termination conditions can be found in the regulations on “repair services” in our general terms and conditions (Part I), as well as in the respective offer.

These general terms and conditions and customer information were created by the dealer association's lawyers who specialize in IT law and are constantly checked for legal compliance. Merchant Association Management AG guarantees the legal security of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/ de/dienste/rechtssicherheit/agb-service .

last updated: October 27, 2020